Common use of Repurchase at the Option of the Holder Upon a Fundamental Change Clause in Contracts

Repurchase at the Option of the Holder Upon a Fundamental Change. (a) If a Fundamental Change occurs at any time, the Holders shall have the right, at such Holder’s option, to require the Company to repurchase all of such Holder’s Notes, or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple of $1,000, on a Business Day (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not more than 35 Business Days after the date of the Fundamental Change Repurchase Right Notice at a repurchase price (the “Fundamental Change Repurchase Price”) equal to 100% of the principal amount of the Notes to be repurchased plus accrued and unpaid interest, if any, to, but excluding, the Fundamental Change Repurchase Date, unless such Fundamental Change Repurchase Date falls after a Regular Record Date for an Interest Payment Date and on or prior to the corresponding Interest Payment Date, in which case (x) the Company will pay, on or before such Interest Payment Date, the full amount of accrued and unpaid interest payable on such Interest Payment Date to the Holder of record at the Close of Business on such Regular Record Date; and (y) the Fundamental Change Repurchase Price will not include such accrued and unpaid interest. Any Notes repurchased by the Company will be paid for in cash. Repurchases of Notes under this Section 4.01 shall be made, at the option of the Holder thereof, upon:

Repurchase at the Option of the Holder Upon a Fundamental Change. (a) If a Fundamental Change occurs at any time, the Holders shall have the right, at such Holder’s option, to require the Company to repurchase all of such Holder’s Notes, or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple of $1,000, on a Business Day date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not more than 35 Business Days after the date of the Fundamental Change Repurchase Right Notice at a repurchase price (the “Fundamental Change Repurchase Price”) equal to 100% of the principal amount of the Notes to be repurchased plus accrued and unpaid interest, if any, to, but excluding, the Fundamental Change Repurchase Date, unless such Fundamental Change Repurchase Date falls after a Regular Record Date for an Interest Payment Date and on or prior to the corresponding Interest Payment Date, in which case (x) the Company will pay, on or before such Interest Payment Date, pay the full amount of accrued and unpaid interest payable on such Interest Payment Date to the Holder of record at the Close of Business on such Regular Record Date; and Date (y) the “Fundamental Change Repurchase Price will not include such accrued and unpaid interestPrice”). Any Notes repurchased by the Company will be paid for in cash. Repurchases of Notes under this Section 4.01 shall be made, at the option of the Holder thereof, upon:

Repurchase at the Option of the Holder Upon a Fundamental Change. (a) If a Fundamental Change occurs at any time, the Holders shall have the right, at such Holder’s option, to require the Company to repurchase all of such Holder’s Notes, or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple of $1,000, on a Business Day (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not more than 35 Business Days after the date of the Fundamental Change Repurchase Right Notice at a repurchase price (the “Fundamental Change Repurchase Price”) Price equal to 100% of the principal amount of the Notes to be repurchased plus accrued and unpaid interest, if any, to, but excluding, the Fundamental Change Repurchase Date, unless such Fundamental Change Repurchase Date falls after a Regular Record Date for an Interest Payment Date and on or prior to the corresponding Interest Payment Date, in which case (xi) the Company will pay, on or before such Interest Payment Date, the full amount of accrued and unpaid interest payable on such Interest Payment Date to the Holder of record at the Close of Business on such Regular Record Date; and (yii) the Fundamental Change Repurchase Price will not include such accrued and unpaid interest. Any Notes repurchased by the Company will be paid for in cash. Repurchases of Notes under this Section 4.01 shall be made, at the option of the Holder thereof, upon:

Repurchase at the Option of the Holder Upon a Fundamental Change. (a) If a Fundamental Change occurs at any time, the Holders then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase all of such Holder’s Notes, or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple of $1,0001,000 principal amount, for cash on a Business Day the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not more than 35 Business Days after the date of the Fundamental Change Repurchase Right Notice (as defined below) at a repurchase price (the “Fundamental Change Repurchase Price”) equal to 100% of the principal amount of the Notes to be repurchased plus thereof, together with any accrued and unpaid interest, if any, interest thereon to, but excluding, the Fundamental Change Repurchase Date, Date (unless such the Fundamental Change Repurchase Date falls after is between a Regular Record Date for an and the Interest Payment Date and on or prior to the corresponding Interest Payment Datewhich it relates, in which case (x) the Company will pay, on or before such Interest Payment Date, pay the full interest amount of accrued and unpaid interest payable on such Interest Payment Date to the Holder record holder as of record at the Close of Business on such Regular Record Date; and ) (y) the “Fundamental Change Repurchase Price will not include such accrued and unpaid interest. Any Notes repurchased by the Company will be paid for in cashPrice”). Repurchases of Notes under this Section 4.01 shall be made, at the option of the Holder thereof, upon:

Repurchase at the Option of the Holder Upon a Fundamental Change. (a) If a Fundamental Change occurs at any time, then, subject to the other provisions of this Article IV, the Holders shall have the right, at such Holder’s option, to require the Company to repurchase all of such Holder’s Notes, or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple of $1,000, on a Business Day (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not more than 35 Business Days after the date of the Fundamental Change Repurchase Right Notice at a repurchase price (the “Fundamental Change Repurchase Price”) Price equal to 100% of the aggregate principal amount of the Notes to be repurchased plus accrued and unpaid interest, if any, to, but excluding, the Fundamental Change Repurchase Date, unless such Fundamental Change Repurchase Date falls after a Regular Record Date for an Interest Payment Date and on or prior to the corresponding Interest Payment Date, in which case (x) the Company will pay, on or before such Interest Payment Date, the full amount of accrued and unpaid interest payable on such Interest Payment Date to the Holder of record at the Close of Business on such Regular Record Date; and (y) the Fundamental Change Repurchase Price will not include such accrued and unpaid interest. Any Notes repurchased by the Company will be paid for in cash. Repurchases of Notes under this Section 4.01 shall be made, at the option of the Holder thereof, upon:

Repurchase at the Option of the Holder Upon a Fundamental Change. (a) If a Fundamental Change occurs at any time, the Holders then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase all of such Holder’s Notes, or any portion of the principal amount thereof that is equal to $1,000 or an integral a multiple of $1,0001,000 principal amount, for cash on a Business Day the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not more than 35 Business Days after the date of the Fundamental Change Repurchase Right Notice at a repurchase price (the “Fundamental Change Repurchase Price”) equal to 100% of the principal amount of the Notes to be repurchased plus thereof, together with accrued and unpaid interest, if any, interest thereon to, but excluding, the Fundamental Change Repurchase Date, Date (unless such the Fundamental Change Repurchase Date falls after is between a Regular Record Date for an and the Interest Payment Date and on or prior to the corresponding Interest Payment Datewhich it relates, in which case (x) the Company will pay, on or before such Interest Payment Date, pay the full interest amount of accrued and unpaid interest payable on such Interest Payment Date to the Holder record holder as of record at the Close of Business on such Regular Record Date; and ) (y) the “Fundamental Change Repurchase Price will not include such accrued and unpaid interest. Any Notes repurchased by the Company will be paid for in cashPrice”). Repurchases of Notes under this Section 4.01 shall be made, at the option of the Holder thereof, upon:

Repurchase at the Option of the Holder Upon a Fundamental Change. (a) If a Fundamental Change occurs at any time, the Holders shall have the right, at such Holder’s option, to require the Company to repurchase all of such Holder’s Notes, or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple of $1,000, on a Business Day date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not more than 35 Business Days after the date of the Fundamental Change Repurchase Right Notice at a repurchase price (the “Fundamental Change Repurchase Price”) equal to 100% of the principal amount of the Notes to be repurchased plus accrued and unpaid interest, if any, to, but excluding, the Fundamental Change Repurchase Date, unless such Fundamental Change Repurchase Date falls after a Regular Record Date for an Interest Payment Date and on or prior to the corresponding Interest Payment Date, in which case (x) the Company will pay, on or before such Interest Payment Date, pay the full amount of accrued and unpaid interest payable on such Interest Payment Date to the Holder of record at the Close of Business on such Regular Record Date; and Date (y) the “Fundamental Change Repurchase Price will not include such accrued and unpaid interestPrice”). Any Notes notes repurchased by the Company will be paid for in cash. Repurchases of Notes under this Section 4.01 shall be made, at the option of the Holder thereof, upon:

Repurchase at the Option of the Holder Upon a Fundamental Change. (a) If a Fundamental Change occurs at any time, the Holders then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase all of such Holder’s Notes, Securities or any portion of the principal amount thereof that is equal to $1,000 or an integral a multiple of $1,0001,000 principal amount, for cash on a Business Day the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days calendar days and not more than 35 Business Days calendar days after the date of the Fundamental Change Repurchase Right Notice at a repurchase price equal to 100% of the principal amount thereof, together with accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”) equal to 100% of the principal amount of the Notes to be repurchased plus accrued and unpaid interest, if any, to, but excluding, the Fundamental Change Repurchase Date, unless such Fundamental Change Repurchase Date falls after a Regular Record Date for an Interest Payment Date and on or prior to the corresponding Interest Payment Date, in which case (x) the Company will pay, on or before such Interest Payment Date, pay the full amount of accrued and unpaid interest payable on such Interest Payment Date to the Holder of record at 5:00 p.m., New York City time, on the Close of Business on such corresponding Regular Record Date; and (y) the Fundamental Change Repurchase Price will not include such accrued and unpaid interest. Any Notes repurchased by the Company will be paid for in cash. Repurchases of Notes Securities under this Section 4.01 11.01 shall be made, at the option of the Holder thereof, upon:

Repurchase at the Option of the Holder Upon a Fundamental Change. (a) If a Fundamental Change occurs at any timetime prior to the Stated Maturity, the Holders shall have the right, at such Holder’s Holders’ option, to require the Company to repurchase all of such Holder’s Holders’ Notes, or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple of $1,000, on a Business Day date (the “Fundamental Change Repurchase Date”, which definition reflects postponement, if any, permitted by the last sentence of this Section 4.01(a)) specified by the Company that is not less than 20 Business Days calendar days and not more than 35 Business Days after calendar days following the date of the Fundamental Change Repurchase Right Notice at a repurchase price (the “Fundamental Change Repurchase Price”) equal to 100% of the principal amount of the Notes to be repurchased repurchased, plus accrued and unpaid interest, if any, to, but excluding, the Fundamental Change Repurchase Date, (unless such Fundamental Change Repurchase Date falls after a Regular Record Date for an Interest Payment Date and but on or prior to the corresponding Interest Payment DateDate to which such Regular Record Date relates, in which case (x) the Company will instead pay, on or or, at its election, before such Interest Payment Date, the full amount of accrued and unpaid interest payable on such Interest Payment Date to the Holder of record at the Close as of Business on such Regular Record Date; Date and (y) the Fundamental Change Repurchase Price will not include such accrued and unpaid interestshall be equal to 100% of the principal amount of Notes to be purchased). Any Notes repurchased by the Company pursuant to this Section 4.01 will be paid for in cash. The Fundamental Change Repurchase Date shall be subject to postponement in order to allow the Company to comply with applicable law. Repurchases of Notes under this Section 4.01 shall be made, at the option of the Holder thereof, upon: